McFarland v. Holcomb

Citations

• 123 Cal. 84
• 55 P. 761
• 1898 Cal. LEXIS 988

Syllabus

<p>Assumpsit fob Services—Claim against Estate of Deceased Person— Sufficiency of Complaint—Demurrer.—A complaint in an action upon a claim against the estate of a deceased person, alleging as the basis of the claim that the decedent “was at the time of his death indebted to the plaintiff in the sum of seven thousand five hundred dollars as a balance due plaintiff for nursing, boarding, lodging, counseling, advising and taking care of the decedent almost continuously from the twenty-sixth day of September, 1870, down to the fourth day of November, 1895,” is neither subject to a general demurrer for want of facts nor to a special demurrer for uncertainty.</p> <p>Id.—Services Received—Presumed Request—Implied Promise.—A complaint which shows that the plaintiff rendered services to the defendant which were received by him in person, and were presumptively at his request, and of which he has enjoyed the benefit, expresses a consideration from which a promise is implied in law to give compensation therefor, and states facts from which the liability of £he defendant is presumed, and is good as against a general demurrer, though not affirmatively alleging either the request or the promise.</p> <p>Id.—Items of Claim—Special Demurrer—Bill of Particulars.—A complaint upon a single claim for services of different kinds alleged to have been rendered to a deceased person “almost continuously” between certain dates, sufficiently shows a single claim therefor, and is not a uniting of several causes of action for which separate compensation should be made, or subject to a special demurrer for uncertainty in not showing how much services of each kind were rendered. The items of the claim may be obtained by demanding a hill of particulars, under section 454 of the Code of Civil Procedure.</p> <p>Id.—Times and Amounts of Services—Statute of Limitations.—The complaint is not demurrable for uncertainty or ambiguity because not stating the times at which the services were rendered, or wh